HCCS Adversarial versus Inquisitorial Legal Systems Essay

Description

Writing Prompt (700 words min) + Response Posts (100 words min x2). You must first create a thread to view other threads in this forum.

DISCUSSION TOPIC Adversarial versus inquisitorial legal systems

Two types of legal traditions dominate the nature of investigation and adjudication around the world: adversarial and inquisitorial legal systems. Common law countries use an adversarial system to determine facts in the adjudication process. The prosecution and defence compete against each other, and the judge serves as a referee to ensure fairness to the accused, and that the legal rules criminal procedure followed. The adversarial system assumes that the best way to get to the truth of a matter is through a competitive process to determine the facts and application of the law accurately.

The inquisitorial system is associated with civil law legal systems, and it has existed for many centuries. It is characterized by extensive pre-trial investigation and interrogations with the objective to avoid bringing an innocent person to trial. The inquisitorial process can be described as an official inquiry to ascertain the truth, whereas the adversarial system uses a competitive process between prosecution and defence to determine the facts. The inquisitorial process grants more power to the judge who oversees the process, whereas the judge in the adversarial system serves more as an arbiter between claims of the prosecution and defence (Dammer and Albanese, 2014; Reichel, 2017).

Is America adversarial or inquisitorial? In most common law countries e.g. Wales, England and the United States of America, a system of justice called the adversarial system is used. This is totally different from the inquisitorial system that is used particularly in many European countries and continental jurisdictions.

Soccer VerSuS Football Pizzi (1999) has an especially interesting way to contrast the adversarial and inquisitorial systems. He uses a sports analogy of American football versus European soccer. A notable difference between these two sports—and between the adversarial and inquisitorial justice systems—is in the way rules are applied. In the European trial system and the popular European sport of soccer, rules are relatively few in number and rather easy to express. In the American trial system and the more popular (among Americans) sport of football, rules are numerous and complex.

Distinction between adversarial and inquisitorial system

The following table outline contains the fundamental differences between typical adversarial and inquisitorial systems

*Adversarial System*	*Inquisitorial System*
The adversarial system aims to get the truth through the open competition between the prosecution and the defence.	The inquisitorial system is generally aims to get the truth of the matter through extensive investigation and examination of all evidence.
In an adversarial system all parties determine what witnesses they call and the nature of the evidence they give. The court overseeing the process by which evidence is given.	In an inquisitorial system the conduct of the trial is in the hands of the court. The trial judge determines what witnesses to call & order in which they are to be heard.
In adversarial systems previous decisions by higher courts are binding on lower courts.	There is little use of judicial precedent in inquisitorial systems. This means Judges are free to decide each case independently of previous decisions by applying the relevant statutes.
In an adversarial system the rule of lawyers is active.	In an inquisitorial system the rule of lawyers is passive.
The judges pronounce judgment depending on the hearing, evidence or on the basis of examination & cross-examination.	The judge plays an active rule for questioing & hearing the parties directly.
In an adversarial system the rule of the judges are merely passive in nature.	In an inquisitorial system the rule of the judges is very active.
The case management does not depends upon the judges so the judges contribution is very low for the disposal of any case.	The case management depends upon the judges so the judges contribution is very high for the disposal of any case.
In an adversarial system all references are presented by the respective lawyers of both the parties.	In an inquisitorial system references also presented by the judge & they play’s an active rule.
The case management depends upon the lawyer’s of both the parties & they get unfattered opportunity for the case management upon there own wishes.	The case management depends upon the judges and the judges fixes the term for the disposal of any case.
In an adversarial system the hearing, evidence or examination & cross-examination done by the lawyer get priority.	In an inquisitorial system documents and information about the real facts get priority.
Case management is not effective under this system because the judges can not exchange views with the parties for taking any decision. So no initiative can be taken for speedy disposal of any case.	Case management is effective under this system & the judges sits with the parties and can exchange views for taking any decision for speedy disposal of any case.
In an adversarial system judges has discretionary power but that is not wide by the evidence.	In an inquisitorial system judges have wide discretionary power.
Repeated time petition (common practice) is permitted at the time of continuance of the case & the lawyer’s take the opportunity of making time petition. So delay occurs in disposal of any cases.	The main object of this system is to reduce the time for disposing a case and to ensure speedy justice. Judge plays an active role in deciding time petition & may honored or reject time petition.

Please answer the following question according to the information in the textbook and the information above.

Adversarial proceedings can be distinguished as relying more on the government’s ability to prove (following specific rules of criminal procedure) the defendant’s guilt whereas the inquisitorial process spends more time on investigations to determine whether the defendant truly committed the crime. For this reason, inquisitorial and adversarial systems are associated with different psychological values: the pursuit of truth and the pursuit of justice.

In your opinion, what is more important: the pursuit of truth or the pursuit of justice? Include in your response reference to the additional identifiers (e.g., legal guilt versus factual guilt and due process versus crime control). If you would like to compare the two legal systems from a different perspective, feel free to expand on your answer!

You are required to submit a substantial response (700 words min) that stays on topic and fully addresses the assignment in a clear, concise, and meaningful manner. Use at least ONE specific example to justify your response. Once you have shared your 700-word post, come back and read what your classmates have written. Please respond to TWO of your classmates with a minimum 100-word note. (Response Posts: 100 words min x2) Your responses should build off the ideas in your classmates’ posts. Try to add to or extend what your classmate is already doing. Aim for something informal but thoughtful. It does not matter to which of your classmates you respond. Choose posts that interest you.

WARNING AGAINST PLAGIARISM

Please be careful when copying text from online sources. Only short citations are allowed, and then only if specified as such. You must reformulate the existing text and use your own words to describe what you have read. It is not acceptable to rewrite existing text and cite the source in just a footnote. The purpose of this discussion assignment is not to reproduce existing material, but to determine whether you have the skills to integrate existing texts, add your own interpretation and/or criticism to texts, and offer a creative solution to existing problems.

BE WARNED: A plagiarism checker will be used to detect plagiarism. Students who submit the copied text will receive either a zero grade or a reduced grade for the assignment!

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